The Republican. [volume] (Oakland, Md.) 1877-current, 1887-05-14
The Reckard Case.

the State VS.. Marshall Reckard, one
of peculiar Interest. was called for
trial, and preliminary questions
raised and disposed of.
1t appears that the traverser was
arrested in August last. on the charge
of having received two hogs, the
of B. F. Friend, of Johns
town. knowing them to have been
stolen. was taken before Justice and
had a hearing. In default of bail he
was committed to the custody of the
Sheriff. to await the action of the
Grand Jury.
While the Justice was engaged in
preparing the commitment, Reckard
escaped from the officer and went
home, his house being situated on
what is termed the disputed territory
between Maryland and West Vir-
ginia. about mid way between the
boundary line run by Lieutenant
Micheler. in 1859, under and by the
direction of the commissioners APP
pointed on the part of Maryland and
Virginia for the purpose, and what
is sometime SCALED the "old Mary
land line" The commitment was
afteward made out and placed in the
hands of the constable of Selbysport
District, Austin Brown, who went
to Richards house to retake and de-
liver him to the Sheriff, and in his
efforts to do so, resistance was made
and be was seriously and danger
ously cut by Reckard in the breast
with an axe. Reckard. however,
was taken and brought to Jail. and in
September last, was indicted tor max
ing an assault upon Brown with in
tent to kill him while in the discharge
Of his duty. When the case came up
for trial on Friday, Reckard inter.
posed plea in abatement to the jur-
isdiction of the Court, as follows:
Marshall Reckard, the traverser
in the above entitled cause, in his
own proper person, comes and says
that this Court ought not to have or
take further cogniZance of the said
supposed offence charged against him
in the indictment filed in said cause,
because he says that the said sup
posed offense, if any were commit
ted, was not committed within Gar
rett county, nor within the jurisdic-
ton of this Court, but in the county
of Preston, in the State of West
Virginia. And this the said traverser
prays may be enquired of by the
country"
Issue was Joined and a jury empan.
eed to determine the question of fact
raised by the plea, which involved
the inquiry as to which of the two
lines referred to, is the true boundary
between the two States. A number
of witnesses were examined for the
tragerser, all of whom testified that
they claimed that Richards house
was in West Virginia; that it was
between the two lines, and about 70
rods east of the Micheler or new line,
and also to the character of the marks
on the two lines.
One of the witnesses, Motley B.
Browning, also testified that he had
been told by surveyor, now dead,
who had run the old line, that it was
supposed to be the same line which, in
laying out the Military Lots in Mary
land, was run up to by the surveyor.
On the part of the State several wit.
nesses testified as to having seen the
engineers engaged on the new line
in 1859, that it was marked by posts
and monuments; that the Reckard
house was also East of that line in
Garrett county, and also further tes-
titled that while there was consider
able talk about an old line, they
knew nothing of it. One of the wit.
nesses for the State was Capt. p. A,
Chisholm, who was with Lieutenant
Micheler on the survey from Fairfax
Store to the Pennsylvania line.
The State also offered in evidence
the laws of Maryland and Virginia
in reference to the matter, and the
report of the commissioners appoin-
ted by Maryland and Virginia, to
trace, mark and establish said line.
After all the testimony was in, the
following prayers were offered on the
part of the traverser
1. The traverser, by his counsel,
prays the Court to instruct the jury
thai If they find from all the cyl.
dence in this case that there was a
line known as the old Maryland line,
and that said old Maryland line had
been surveyed prior to the year 1859,
and shall further find that said line
was recognized, acquiesced in, and
acted upon in the issuing of grants
for lands by the States of Virginia
and Maryland respectively, as the
boundary line between said States
then the jury may find that said line
A.. =